desires to make shall be entered upon the deposition by the officer with a statement of the reasons given by the witness for making them. The deposition shall then be signed by the witness, unless the parties by stipulation waive the signing or the witness is ill or cannot be found or refuses to sign. If the deposition is not signed by the witness, the officer shall sign it and state on the record the fact of the waiver or of the illness or absence of the witness or the fact of the refusal to sign together with the reason, if any, given therefor; and the deposition may then be used as fully as though signed, unless on a motion to suppress under Rule 34 (e), the Court holds that the reasons given for the refusal to sign require rejection of the deposition in whole or in part.

(e) Exhibits: All exhibits shall be numbered and carefully marked with the title and number of the case, and by which side offered, so as to be capable of immediate identification. The exhibits shall accompany the deposition but shall not be affixed to the deposition.

(f) Certification and Filing by Officer; Notice of Filing: (1 The officer shall certify on the deposition that the witness was duly sworn by him and that the deposition is a true record of the testimony given by the witness. He shall then securely seal the deposition in an envelope endorsed with the title of the action and marked "Deposition of (here insert name of witness)" and shall promptly file it with the Clerk or send it by registered mail to the Clerk for filing. (2) The Clerk shall give notice of the filing of the deposition to the parties.

RULE 33. DEPOSITIONS OF WITNESSES UPON WRITTEN

INTERROGATORIES

(a) Notice, Filing, and Serving Interrogatories: A party desiring to take the deposition of any person upon written interrogatories pursuant to leave obtained under Rule 29 (a) shall file them with the Clerk together with a notice stating the name and address of the person who is to answer them and the name or

descriptive title and address of the officer before whom the deposition is to be taken. Within 15 days thereafter an adverse party may file cross-interrogatories. Within 10 days thereafter redirect interrogatories may be filed. Within 10 days thereafter recross-interrogatories may be filed. At the time of filing the notice and of each of the interrogatories referred to above, the party filing the same shall furnish the Clerk the original and a copy thereof plus one additional copy for each adverse party. Service of copies shall be made upon the parties as provided in Rule 3.

(b) Orders for the Protection of Parties and Deponents: Prior to the taking of the testimony of the deponent, the Commissioner, on motion made by a party or a deponent within 10 days after completion of service upon the parties, upon notice and good cause shown, may make any order specified in Rule 32 which is appropriate and just or an order that the deposition shall not be taken before the officer designated in the notice or that it shall not be taken except upon oral examination. Any such order made by the Commissioner shall be in writing and a signed copy thereof shall be filed in the Clerk's office. The Clerk shall mail

a copy of such order to each of the parties.

(c) Officer To Take Responses and Prepare Record: After 10 days from the completion of service upon the parties, the Commissioner shall notify the Clerk in writing that the deposition may be taken, whereupon the notice and interrogatories shall be forwarded by the Clerk to the officer designated in the notice, with directions to proceed promptly, in the manner provided by Rule 32 (c), (d), (e), and (f), to take the testimony of the witness in response to the interrogatories and to prepare, certify, and file the deposition with the Clerk or send it by registered mail to the Clerk attaching thereto the notice and the interrogatories received by him.

(d) Notice of Filing: When the deposition is filed with the Clerk, he shall give notice thereof to the parties.

RULE 34. EFFECT OF ERRORS AND IRREGULARITIES IN

DEPOSITIONS

(a) As to Notice: All errors and irregularities in the notice for taking a deposition are waived unless written objection is promptly filed with the Clerk after service of the notice.

(b) As to Disqualification of Officer: Objection to taking a deposition because of disqualification of the officer before whom it is to be taken is waived unless made before the taking of the deposition begins or as soon thereafter as the disqualification becomes known or could be discovered with reasonable diligence.

(c) As to Taking of Deposition: (1) Objections to the competency of a witness or to the competency, relevancy, or materiality of testimony are not waived by failure to make them before or during the taking of the deposition, unless the ground of the objection is one which might have been obviated or removed if presented at that time.

(2) Errors and irregularities occurring at the oral examination in the manner of taking the deposition, in the form of the questions or answers, in the oath or affirmation, or in the conduct of parties and errors of any kind which might be obviated, removed, or cured if promptly presented, are waived unless reasonable objection thereto is made at the taking of the deposition.

(3) Objections to the form of written interrogatories submitted under Rule 33 are waived unless filed with the Clerk within the time allowed for filing the succeeding cross- or other interrogatories and within 5 days after filing of the last interrogatories authorized.

(d) Service of Objections: At the time of filing the objections referred to in subdivisions (a) and (c) (3) of this rule, the party filing the same shall furnish the Clerk with one additional copy thereof for each adverse party. Service of such copies shall be made as provided in Rule 3.

(e) As to Completion and Return of Deposition: Errors and irregularities in the manner in which the testimony is tran

scribed or the deposition is prepared, signed, certified, sealed, endorsed, transmitted, filed, or otherwise dealt with by the officer under Rules 32 and 33 are waived unless a motion to suppress the deposition or some part thereof is made with reasonable promptness after such defect is, or with due negligence might have been, ascertained.

RULE 35. FEES OF OFFICER TAKING DEPOSITION

The party at whose instance the deposition is taken shall be responsible for the payment of the officer's fee for taking, typewriting, and returning the deposition to the Clerk of the Court. Such fees shall not be taxed as costs in any case, but the failure to make payment of the officer's fees may be deemed by the Court or Commissioner sufficient grounds for refusing to receive the deposition or any part thereof in evidence.

RULE 36. REFUSAL TO TESTIFY OR TO MAKE DISCOVERY; CONSEQUENCES

(a) Refusal To Answer: If a party or other deponent refuses to answer any question propounded upon oral examination conducted pursuant to Rules 29 (a) and 32, the examination shall be completed on other matters or adjourned, as the proponent of the question may prefer. Thereafter, on reasonable notice to all persons affected thereby, he may apply to the Court for an order compelling an answer. Upon the refusal of a deponent to answer any interrogatory submitted under Rule 33, the proponent of the question may on like notice make like application for such an order. If a party or other witness refuses to answer any question propounded upon oral examination in the course of trial, the Commissioner may direct him to

answer.

If a

(b) Failure To Comply With Order: (1) Contempt. party or other witness refuses to be sworn or refuses to answer any question after being directed to do so by the Court or the

Commissioner, the refusal may be considered a contempt of the Court.

(2) Other Consequences. If any party (which, in respect to a party plaintiff, or a third-party, plaintiff or defendant, shall include any officer, director, managing agent, or employee of a public or private corporation or of a partnership or association, as well as an individual; and which, in respect to defendant, shall include any officer or employee of the United States or of any corporation wholly owned by the United States) refuses to obey an order made under subdivision (a) of this rule requiring him to answer designated questions, or an order made under Rule 26 to produce any document or other thing for inspection, copying, or photographing, or to permit it to be done, or to permit entry upon land or other property, or an order made under Rule 27 to respond to a call for documents or things, the Court or the Commissioner may make such orders in regard to the refusal as are just, and among others the following:

(i) An order that the matters regarding which the questions were asked, or the character or description of the thing or land, or the contents of the paper, or any other designated facts shall be taken to be established for the purposes of the action in accordance with the claim of the party obtaining the order;

(ii) An order refusing to allow the disobedient party to support or oppose designated claims or defenses, or prohibiting him from introducing in evidence designated documents or things or items of testimony, or staying further proceedings until the order is obeyed.

(c) Failure or Refusal of Party To Attend or Serve Answers or Obey Orders: If a party (as defined in subdivision (b) (2) of this rule) willfully fails to appear before the officer who is to take his deposition, after being served with a proper notice, or fails to serve answers submitted under Rule 33, after proper service of such interrogatories, or refuses to obey an order made under subdivision (a) of this rule requiring him to answer designated